The Supreme Court of India has cautioned that appellate courts and high courts should refrain from sending cases back to trial-level courts for remand unless absolutely necessary. The Court emphasised that unnecessary remands lead to delay and undermine the efficiency of the justice system.
⚖️ What the Court Held
A remand should only be ordered when fresh evidence must be gathered, or there is a genuine need for further fact-finding that the higher court cannot conduct itself.
If the record is sufficient and the Court is competent to evaluate the issues on merits, remanding the case merely due to convenience or procedural formalities should be avoided.
The Court noted that repeated remands erode public confidence, cause hardship to litigants, and burden already clogged courts.
📝 Significance
This judgment strengthens the guiding principle that finality and efficiency should govern appellate adjudication.
It underlines that higher courts bear a responsibility to prevent unnecessary delays and backlog by deciding matters where possible, rather than routinely reverting them to trial courts.
Ultimately, it serves to reinforce timely justice and protect litigants from protracted litigation.
